1997 Minnesota Statutes

     144.9503 Primary prevention. 

    Subdivision 1.    Primary prevention program.  The 
 commissioner shall develop a primary prevention program to 
 reduce lead exposure in young children and pregnant women.  The 
 commissioner shall develop a priority list for high risk census 
 tracts, provide primary prevention lead education, promote 
 primary prevention swab team services in cooperation with the 
 commissioner of economic security or housing finance, provide 
 lead cleanup equipment and material grants, monitor voluntary 
 lead hazard reduction or abatement, and develop lead-safe 
 directives in cooperation with the commissioner of 
 administration. 

    Subd. 2.    Priorities for primary prevention.  The 
 commissioner of health shall publish in the State Register a 
 priority list of census tracts at high risk for toxic lead 
 exposure.  All local governmental units and boards of health 
 shall follow the priorities published in the State Register.  In 
 establishing the list, the commissioner shall use the 
 surveillance data collected under section 144.9502 and other 
 information as appropriate or specified in this section and 
 shall award points to each census tract on which information is 
 available.  The priority for primary prevention in census tracts 
 at high risk for toxic lead exposure shall be based on the 
 cumulative points awarded to each census tract.  A greater 
 number of points means a higher priority.  If a tie occurs in 
 the number of points, priority shall be given to the census 
 tract with the higher percentage of population with blood lead 
 levels greater than ten micrograms of lead per deciliter of 
 whole blood.  The commissioner shall revise and update the 
 priority list at least every five years.  Points shall be 
 awarded as specified in paragraphs (a) to (c).  

    (a) In a census tract where at least 20 children have been 
 screened in the last five years, one point shall be awarded for 
 each ten percent of children who were under six years old at the 
 time they were screened for lead in blood and whose blood lead 
 level exceeds ten micrograms of lead per deciliter of whole 
 blood.  An additional point shall be awarded if one percent of 
 the children had blood lead levels greater than 20 micrograms of 
 lead per deciliter of blood.  Two points shall be awarded to a 
 census tract, where the blood lead screening has been 
 inadequate, that is contiguous with a census tract where more 
 than ten percent of the children under six years of age have 
 blood lead levels exceeding ten micrograms of lead per deciliter 
 of whole blood.  

    (b) One point shall be awarded for every five percent of 
 housing that is defined as dilapidated or deteriorated by the 
 planning department or similar agency of the city in which the 
 housing is located.  Where data is available by neighborhood or 
 section within a city, the percent of dilapidated or 
 deteriorated housing shall apply equally to each census tract 
 within the neighborhood or section.  

    (c) One point shall be awarded for every 100 parts per 
 million of lead soil, based on the median soil lead values of 
 foundation soil samples, calculated on 100 parts per million 
 intervals, or fraction thereof.  For the cities of St. Paul and 
 Minneapolis, the commissioner shall use the June 1988 census 
 tract version of the houseside map titled "Distribution of 
 Houseside Lead Content of Soil-Dust in the Twin Cities," 
 prepared by the Center for Urban and Regional Affairs, Humphrey 
 Institute, University of Minnesota, Publication 1989, Center for 
 Urban and Regional Affairs 89-4.  Where the map displays a 
 census tract that is crossed by two or more intervals, the 
 commissioner shall make a reasoned determination of the median 
 foundation soil lead value for that census tract.  Values for 
 census tracts may be updated by surveying the census tract 
 according to the procedures adopted under this section.  

    Subd. 3.    Primary prevention lead education strategy.  
 The commissioner of health shall develop a primary prevention 
 lead education strategy to prevent lead exposure.  The strategy 
 shall specify:  

    (1) the development of lead education materials that 
 describe the health effects of lead exposure, safety measures, 
 and methods to be used in the lead hazard reduction process; 

    (2) the provision of lead education materials to the 
 general public; 

    (3) the provision of lead education materials to property 
 owners, landlords, and tenants by swab team workers and public 
 health professionals, such as nurses, sanitarians, health 
 educators, other public health professionals in areas at high 
 risk for toxic lead exposure; and 

    (4) the promotion of awareness of community, legal, and 
 housing resources.  

    Subd. 4.    Swab team services.  Primary prevention must 
 include the use of swab team services in census tracts 
 identified at high risk for toxic lead exposure as identified by 
 the commissioner under this section.  The swab team services may 
 be provided based on visual inspections whenever possible and 
 must at least include lead hazard management for deteriorated 
 interior lead-based paint, bare soil, and dust.  

    Subd. 5.    Lead cleanup equipment and material grants.  
 (a) Nonprofit community-based organizations in areas at high 
 risk for toxic lead exposure, as determined by the commissioner 
 under this section, may apply for grants from the commissioner 
 to purchase lead cleanup equipment and materials and to pay for 
 training for staff and volunteers for lead certification.  

    (b) For the purposes of this section, lead cleanup 
 equipment and materials means high efficiency particle 
 accumulator (HEPA) and wet vacuum cleaners, wash water filters, 
 mops, buckets, hoses, sponges, protective clothing, drop cloths, 
 wet scraping equipment, secure containers, dust and particle 
 containment material, and other cleanup and containment 
 materials to remove loose paint and plaster, patch plaster, 
 control household dust, wax floors, clean carpets and sidewalks, 
 and cover bare soil.  

    (c) The grantee's staff and volunteers may make lead 
 cleanup equipment and materials available to residents and 
 property owners and instruct them on the proper use of the 
 equipment.  Lead cleanup equipment and materials must be made 
 available to low-income households, as defined by federal 
 guidelines, on a priority basis at no fee, and other households 
 on a sliding fee scale.  

    (d) The grantee shall not charge a fee for services 
 performed using the equipment or materials.  

    Subd. 6.    Voluntary lead hazard reduction.  The 
 commissioner shall monitor the lead hazard reduction methods 
 adopted under section 144.9508 in cases of voluntary lead hazard 
 reduction.  All contractors hired to do voluntary lead hazard 
 reduction must be licensed lead contractors.  If a property 
 owner does not use a lead contractor for voluntary lead hazard 
 reduction, the property owner shall provide the commissioner 
 with a plan for lead hazard reduction at least ten working days 
 before beginning the lead hazard reduction.  The plan must 
 include the details required in section 144.9505, and notice as 
 to when lead hazard reduction activities will begin.  Within the 
 limits of appropriations, the commissioner shall review plans 
 and shall approve or disapprove them as to compliance with the 
 requirements in section 144.9505.  No penalty shall be assessed 
 against a property owner for discontinuing voluntary lead hazard 
 reduction before completion of the plan, provided that the 
 property owner discontinues the plan in a manner that leaves the 
 property in a condition no more hazardous than its condition 
 before the plan implementation. 

    Subd. 7.    Lead-safe directives.  By July 1, 1995, and 
 amended and updated as necessary, the commissioner shall develop 
 in cooperation with the commissioner of administration 
 provisions and procedures to define lead-safe directives for 
 residential remodeling, renovation, installation, and 
 rehabilitation activities that are not lead hazard reduction, 
 but may disrupt lead-based paint surfaces.  The provisions and 
 procedures shall define lead-safe directives for nonlead hazard 
 reduction activities including preparation, cleanup, and 
 disposal procedures.  The directives shall be based on the 
 different levels and types of work involved and the potential 
 for lead hazards.  The directives shall address activities 
 including painting; remodeling; weatherization; installation of 
 cable, wire, plumbing, and gas; and replacement of doors and 
 windows.  The commissioners of health and administration shall 
 consult with representatives of builders, weatherization 
 providers, nonprofit rehabilitation organizations, each of the 
 affected trades, and housing and redevelopment authorities in 
 developing the directives and procedures.  This group shall also 
 make recommendations for consumer and contractor education and 
 training.  The commissioner of health shall report to the 
 legislature by February 15, 1996, regarding development of the 
 provisions required under this subdivision.  

    Subd. 8.    Certification for lead-safe housing.  The 
 commissioner shall propose to the legislature a program to 
 certify residences as lead safe by February 15, 1997. 

    Subd. 9.    Landlord tenant study.  Within the limits of 
 appropriations, the commissioner of health shall contract for a 
 study of the legal responsibilities of tenants and landlords in 
 the prevention of lead hazards, and shall report the findings to 
 the legislature, along with recommendations as to any changes 
 needed to clarify or modify current law.  In conducting the 
 study, the commissioner shall convene any public meetings 
 necessary to hear the testimony and recommendations of 
 interested parties, and shall invite and consider written public 
 comments. 

    HIST: 1995 c 213 art 1 s 5; 1996 c 451 art 4 s 14-16